Firm Partner Publishes “A Lopsided Estoppel In Post-Grant Review”

The article, “A Lopsided Estoppel In Post-Grant Review,” reviews post grant-review proceedings at the U.S. Patent and Trademark Office. Although the one challenging the patent in these proceedings will be estopped from taking certain actions following the Patent Office’s final decision, the patent owner will not be similarly estopped. And, in view of this lopsided estoppel, prospective challengers may not consider post-grant review as an attractive substitute for district court litigation.

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